AGENDA

City of Rapid City Planning Commission

June 25, 2009 7:00 A.M.

City Council Meeting Room

300 Sixth Street

Rapid City, SD  57701

 

SOME OF THE ITEMS ON THIS AGENDA ARE SUBJECT TO A PUBLIC HEARING OR CONSIDERATION BY THE RAPID CITY COUNCIL FOR FINAL ACTION. PLEASE CONTACT GROWTH MANAGEMENT STAFF FOR INFORMATION REGARDING THE DATE ANY PARTICULAR ITEM MAY BE CONSIDERED BY THE CITY COUNCIL.

 

Consent Calendar

The following items have been placed on the Consent Calendar for action to be taken on all items in accordance with staff’s recommendation by a single vote.  Any item may be removed from the Consent Calendar by any Planning Commissioner, staff member, or audience member, for separate consideration:

 

---CONSENT CALENDAR---

 

1.

Approval of the June 4, 2009 Planning Commission Meeting and the June 11, 2009 Special Planning Commission Meeting Minutes.

 

2.

No. 07PL134 - Hyland Crossing Subdivision

A request by Dream Design International, Inc. to consider an application for a Preliminary Plat for proposed Lots 1 thru 12 of Block 1,  Lots 1 thru 7 of Block 2,  Lots 1 thru 4 of Block 3,  Lots 1 thru 15 of Block 4, and  Lots 1 thru 31 of Block 5 of Hyland Crossing Subdivision, legally described as a portion of the unplatted W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the southern terminus of Dreamscape Drive.

Staff recommends that the Preliminary Plat be continued to the September 24, 2009 Planning Commission meeting at the applicant’s request.

 

3.

No. 07SV057 - Hyland Crossing Subdivision

A request by Dream Design International, Inc. to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 1 thru 12 of Block 1,  Lots 1 thru 7 of Block 2,  Lots 1 thru 4 of Block 3,  Lots 1 thru 15 of Block 4, and  Lots 1 thru 31 of Block 5 of Hyland Crossing Subdivision, legally described as the unplatted W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the southern terminus of Dreamscape Drive.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code be continued to the September 24, 2009 Planning Commission meeting at the applicant’s request.

 

4.

No. 08PL099 - Homestead Plaza Subdivision

A request by Dream Design International, Inc. to consider an application for a Preliminary Plat for proposed Lots 1 thru 28 of Block 3 and Tracts A, B, C and D of Block 4 of Homestead Plaza Subdivision, legally described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Timmons Boulevard, south of Neel Street and west of Big Sky Drive.

Staff recommends that the Preliminary Plat be continued to the July 23, 2009 Planning Commission meeting.

 

5.

No. 08PL131 - Rushmore Business Park

A request by FourFront Design, Inc. for Rapid City Economic Development Foundation to consider an application for a Preliminary Plat for proposed Lot 1R and Lot 2 of Block 3 of Rushmore Business Park, legally described as Lot 1 of Block 3 and a portion of Government Lot 2, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at the N¼ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00º06’56”W along the Center 1/4 line of said Section 4 a distance of 124.10 feet to a point on the South Right-of-Way of East Anamosa Street, Thence N89º56’23”E along said South Right-of-Way of East Anamosa Street a distance of 142.23 feet to a point along said Right-of-Way to the point of beginning: Thence N89º57’20”E along said South Right-of-Way of East Anamosa Street a distance of 285.56 feet to the intersection of the South Right-of-Way of East Anamosa Street and the West Right-of-Way of Concourse Drive; thence S00º11’20”W along the West Right-of-Way of Concourse Drive a distance of 129.00 feet; thence continuing along the West Right-of-Way of Concourse Drive along a curve to the LEFT, having a radius of 562.00 feet, a delta angle of 13º19’37” and whose long chord bears S06º43’28”E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S13º38’17”E a distance of 668.79 feet; thence S76º22’04”W a distance of 265.23 feet; thence N13º37’01”W a distance of 439.18 feet; thence S76º22’37”W a distance of 60.35 feet; thence N13º37’23”W a distance 302.02 feet; thence N77º53’25”E a distance of 57.99 feet; thence N05º25’18”W a distance of 258.44 feet to the point of beginning, more generally described as being located at 333 Concourse Drive.

Staff recommends that the Preliminary Plat be continued to the July 23, 2009 Planning Commission meeting.

 

6.

No. 08SV047 - Rushmore Business Park

A request by FourFront Design, Inc. for Rapid City Economic Development Foundation to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along East Anamosa Street and to waive the requirement to install sidewalk on Concourse Drive as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lot 1R and Lot 2 of Block 3 of Rushmore Business Park, legally described as Lot 1 of Block 3 and a portion of Government Lot 2, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at the N¼ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00º06’56”W along the Center 1/4 line of said Section 4 a distance of 124.10 feet to a point on the South Right-of-Way of East Anamosa Street, Thence N89º56’23”E along said South Right-of-Way of East Anamosa Street a distance of 142.23 feet to a point along said Right-of-Way to the point of beginning: Thence N89º57’20”E along said South Right-of-Way of East Anamosa Street a distance of 285.56 feet to the intersection of the South Right-of-Way of East Anamosa Street and the West Right-of-Way of Concourse Drive; thence S00º11’20”W along the West Right-of-Way of Concourse Drive a distance of 129.00 feet; thence continuing along the West Right-of-Way of Concourse Drive along a curve to the LEFT, having a radius of 562.00 feet, a delta angle of 13º19’37” and whose long chord bears S06º43’28”E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S13º38’17”E a distance of 668.79 feet; thence S76º22’04”W a distance of 265.23 feet; thence N13º37’01”W a distance of 439.18 feet; thence S76º22’37”W a distance of 60.35 feet; thence N13º37’23”W a distance 302.02 feet; thence N77º53’25”E a distance of 57.99 feet; thence N05º25’18”W a distance of 258.44 feet to the point of beginning, more generally described as being located at 333 Concourse Drive.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along East Anamosa Street and to waive the requirement to install sidewalk on Concourse Drive as per Chapter 16.16 of the Rapid City Municipal Code be continued to the July 23, 2009 Planning Commission meeting to be heard in conjunction with the associated Preliminary Plat application.

 

7.

No. 08PL143 - Rainbow Ridge Subdivision

A request by Sperlich Consulting, Inc. for Joe Muth at Doeck, LLC to consider an application for a Preliminary Plat for proposed Lot 1R-2 of Block 3 of Rainbow Ridge Subdivision, legally described as Lot 1R of Block 3 of Rainbow Ridge Subdivision, located in the SE1/4 NE1/4, and a portion of the NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northwest terminus of Bunker Drive.

Staff recommends that the Preliminary Plat be approved with stipulations.

 

8.

No. 08SR033 - Section 35, T1N, R7E

A request by Dream Design International, Inc. to consider an application for a SDCL 11-6-19 Review to allow the construction of a lift station on a portion of the unplatted balance of the W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of the intersection of Sammis Trail and Vilrickson Place.

Staff recommends that the SDCL 11-6-19 Review to allow the construction of a lift station be continued to the September 24, 2009 Planning Commission meeting at the applicant’s request.

 

9.

No. 09CA008 - SSJE Subdivision and DDE Subdivision

A request by James L. Scull, Jr. to consider an application for a Summary of Adoption Action on an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Commercial to Light Industrial with a Planned Industrial Development on a parcel of land, located in the SW¼ SW¼ of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota. The Point of Beginning of said parcel being identical with the northwesterly corner of Lot 2 of SSJE Subdivision recorded at the Pennington County Register of Deeds Office in Plat Book 29 Page 167, said corner being marked with a 5/8” rebar with survey cap said corner being the Point of Beginning: Thence First Course: along the northerly line of said Lot 2 a bearing of S89º56'10"E and a distance of 273.99 feet to 5/8” iron rod; Thence Second Course: along a line bearing S89º57’50”E and a distance of 617.49 feet to a the northeasterly corner of said Parcel and an intersection with the Section 1/16th line of said Section 32; Thence Third Course: along said Section 1/16th line a bearing of S00º07’24”W and a distance of 813.51 feet to the West 1/16 corner of said Section 32 which is marked with a magnetic nail with flasher marked “LS 4371”; Thence Fourth Course: along the southerly section line of said Section 32 a bearing of N89º52’58”W and a distance of 630.09 feet to a 5/8’ rebar with survey cap marked “LS 4371”; Thence Fifth Course: continuing along the southerly section line of said Section 32 a bearing of N89º52’47”W and a distance of 170.11 feet to the southwesterly corner of Lot 7 of said SSJE Subdivision marked with a 5/8’ rebar with survey cap marked “LS 4897”; Thence Sixth Course: along the westerly line of said Lot 7 a bearing of N00º09’09”E and a distance of 205.41 feet to the northwesterly corner of said Lot 7 and an intersection with the southerly right-of-way line of Jess Street marked with a 5/8’ rebar with survey cap marked “LS 4897”; Thence Seventh Course: along a line with a bearing of N49º19’44”W and a distance of 87.31’ to an intersection with the northerly right-of-way line of Jess Street and the southwesterly corner of Lot 2 of Lot A of D.D.E. Subdivision as recorded in Plat Book 29, Page 68; Thence Eighth Course: along the westerly line of said Lot 2 of Lot A a bearing of N00º00’30”E and a distance of 150.00 feet;Thence Ninth Course: continuing along the westerly line of said Lot 2 of Lot A a bearing of S89º53'09”W and a distance of 25.00 feet; Thence Tenth Course: continuing along the westerly line of said Lot 2 of Lot A a bearing of N00º09’42”E and a distance of 52.51 feet to the southwesterly corner of Lot 1 of said SSJE Subdivision marked with a 5/8’ rebar; Thence Eleventh Course: along the westerly line of said Lot 1 a bearing of N00º26’40”E and a distance of 119.65 feet to the southwesterly corner of Lot 2 of said SSJE Subdivision marked with a 5/8’ rebar; Thence Twelfth Course: along the westerly line of said Lot 2 a bearing of N00º00’48”E and a distance of 228.14 feet to the Point of Beginning. Basis of Bearings established by GPS observations, base located at the northeasterly corner of Lot K-2 S. Said Parcel of Land Contains 16.043 acres, more or less., more generally described as being located adjacent to Kermit Lane east and west, south of Jess Street.

Staff recommends that the Planning Commission approve the summary and authorize publication in the Rapid City Journal.

 

10.

No. 09CA009 - South Boulevard Addition

A request by Dream Design International, Inc. to consider an application for a Amendment to the Adopted Comprehensive Plan to change the land use designation from Residential to Office Commercial with a Planned Commercial Development on Lots 31 and 32 of Block 18 of South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 336 Meade Street.

Staff recommends that the Amendment to the Adopted Comprehensive Plan to change the land use designation from Residential to Office Commercial with a Planned Commercial Development be continued to the July 9, 2009 Planning Commission meeting.

 

11.

No. 09RZ026 - South Boulevard Addition

A request by Dream Design International, Inc. to consider an application for a Rezoning from Medium Density Residential District to Office Commercial District on Lots 31 and 32 of Block 18 of South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 336 Meade Street.

Staff recommends that the Rezoning from Medium Density Residential District to Office Commercial District be continued to the July 9, 2009 Planning Commission meeting.

 

*12.

No. 09PD021 - South Boulevard Addition

A request by Dream Design International, Inc. to consider an application for a Planned Commercial Development - Initial and Final Development Plan on Lots 31 and 32 of Block 18 of South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 336 Meade Street.

Staff recommends that the Planned Commercial Development - Initial and Final Development Plan be continued to the July 9, 2008 Planning Commission meeting.

 

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council.  All appeals must be submitted in writing to the Growth Management Department by close of business on the seventh full calendar day following action by the Planning Commission.

 

13.

No. 09OA004 – Ordinance Amendment

A request by City of Rapid City to consider an application for an Ordinance Amendment to Amend the Off-street Parking Requirements to include Requirements for a Tire Sales and Service Facility by Amending Table 17.50.270 of the Rapid City Municipal.

Staff recommends that the Ordinance Amendment to Amend the Off-street Parking Requirements to include Requirements for a Tire Sales and Service Facility by Amending Table 17.50.270 of the Rapid City Municipal Code be approved.

 

*14.

No. 09PD020 - Stoney Creek South Subdivision

A request by ARC International, Inc. for Chad Carpenter to consider an application for a Major Amendment to a Planned Commercial Development on Lots 1, 2 and 3 of Stoney Creek South Subdivision, located in the NW1/4 of the SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 5610 Bendt Drive.

Staff recommends that the Planned Commercial Development - Initial and Final Development Plan be continued to the July 9, 2009 Planning Commission meeting to allow the correct legal description to be advertised.

 

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council.  All appeals must be submitted in writing to the Growth Management Department by close of business on the seventh full calendar day following action by the Planning Commission.

 

15.

No. 09PL023 - Murphy Ranch Estates Subdivision

A request by Davis Engineering, Inc. to consider an application for a Layout and Preliminary Plat for proposed Lots 3R, 4, 5, 6 and 7 of Block 7, Lots 3, 4, 5 and 6 of Block 8 of Murphy Ranch Estates Subdivision, legally described as the unplatted portion of Tract F of the NE1/4 of the NW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located southeast of the intersection of Springfield Road and Knuckleduster Road.

Staff recommends that the Layout and Preliminary Plat be continued to the July 23, 2009 Planning Commission meeting.

 

16.

No. 09PL024 - Pleasant View Subdivision

A request by D.C. Scott Co. Land Surveyors for William M. Jobgen to consider an application for a Preliminary Plat for proposed Lots 1 and 2 of Lot 7 of Pleasant View Subdivision, legally described as Lot 7 of Pleasant View Subdivision, located in the SE1/4 SE1/4 and in Lot B of the SW1/4 SW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located south of Miracle Lane between Carlin Street and Crane Drive.

Staff recommends that the Preliminary Plat be continued to the July 9, 2009 Planning Commission meeting.

 

17.

No. 09SV012 - Pleasant View Subdivision

A request by D.C. Scott Co. Land Surveyors for William M. Jobgen to consider an application for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way and install curb, gutter, sidewalk, street light conduit, sewer, water and additional pavement as per Chapter 16 of the Rapid City Municipal Code for proposed Lots 1 and 2 of Lot 7 of Pleasant View Subdivision, legally described as Lot 7 of Pleasant View Subdivision, located in the SE1/4 SE1/4 and in Lot B of the SW1/4 SW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located south of Miracle Lane between Carlin Street and Crane Drive.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way and install curb, gutter, sidewalk, street light conduit, sewer, water and additional pavement as per Chapter 16 of the Rapid City Municipal Code be continued to the July 9, 2009 Planning Commission meeting to be heard in conjunction with the associated Preliminary Plat.

 

18.

No. 09SC003 - Original Town of Rapid City

A request by Raymond Graff for Dublin Square, Inc. to consider an application for a Sidewalk Café Permit on the Main Street right-of-way adjacent to Lots 15 and 16 of Block 83 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 504 Mt. Rushmore Road.

Staff recommends that the Planning Commission approve the Sidewalk Café Permit request with stipulations.

 

19.

No. 09SC007 - Original Town of Rapid City

A request by Rich Dunkelberger for Cortez LLC d/b/a Hotel Alex Johnson to consider an application for a Sidewalk Café Permit on the Sixth Street right-of-way adjacent to Lots 30 and 32 of Block 84 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 523 Sixth Street.

Staff recommends that the Planning Commission approve the Sidewalk Café Permit request with stipulations.

 

20.

No. 09SC008 - Original Town or Rapid City

A request by Michelle Pulling for Alternative Fuel Coffee House to consider an application for a Sidewalk Café Permit on the Main Street right-of-way located adjacent to a portion of Lots 23 & 24 of Block 74, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 620 Main Street.

Staff recommends that the Planning Commission approve the Sidewalk Café Permit request with stipulations.

 

21.

No. 09SR025 - Big Horn Sheep Preserve

A request by Cody Schad to consider an application for a SDCL 11-6-19 Review to allow a trail to cross a section line on Lot 2 of Bighorn Sheep Preserve of Section 7, T1S, R7E, BHM and Government Lot 6 of Section 6, T1S, R7E, BHM, Pennington County, South Dakota, more generally described as being located at the northern terminus of Strato Bowl Road.

Staff recommends that the SDCL 11-6-19 Review to allow an access road to cross a section line highway be continued to the July 9, 2009 Planning Commission meeting to allow the applicant to submit additional information.

 

22.

No. 09SR026 - South Boulevard Addition

A request by Steven Dunn for Black Hills Power to consider an application for a SDCL 11-6-19 Review to expand a utility substation on Lots 23 thru 26 with ten foot wide of an adjacent vacated alley of South Boulevard Addition, located in the NW1/4 of Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east side of Fifth Street between Cleveland and Oakland Street.

Staff recommends that the SDCL 11-6-19 Review to expand a utility substation be continued to the July 9, 2009 Planning Commission meeting.

 

23.

No. 09SR047 - Section 34, T2N, R7E

A request by Jerome Horst to consider an application for a SDCL 11-6-19 Review to install sanitary sewer main in a public right-of-way on the Rand Road right-of-way located adjacent to Lot A of the NW1/4 NE1/4 less Lots H1 and H2 and Lot B of Tract F of the Deadwood Avenue Tract, Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1130 Rand Road.

Staff will recommend that the SDCL 11-6-19 Review to extend a sanitary sewer main in the public right-of-way be approved if additional information is submitted prior to Planning Commission approval.

 

24.

No. 09SR048 - Section 23, T2N, R7E

A request by Dream Design International, Inc. to consider an application for a SDCL 11-6-19 Review to construct a water main, storm sewer and drainage improvements on public property on the unplatted S1/2 NE1/4 less Rainbow Ridge Subdivision and less right-of-way, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the western terminus of Sagewood Street and Alma Street.

Staff recommends that the SDCL 11-6-19 Review to construct a water main, storm sewer and drainage improvements on public property be continued to the July 9, 2009 Planning Commission meeting.

 

25.

No. 09VR002 - Section 22, T1N, R7E

A request by Olsen Development Company, Inc. to consider an application for a Vacation of Section Line Highway on the south 495 feet of the NE1/4 SE1/4 less Lot 1 and the unplatted portion of the SE1/4 SE1/4, all located in the SE1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2000 Golden Eagle Drive.

Staff recommends that the vacation of the western three feet of section line highway located along Promise Road be approved.

 

26.

No. 09VR003 - Sections 22 and 23, T1N, R7E

A request by Olsen Development Company, Inc. to consider an application for a Vacation of Section Line Highway on the south 495 feet of the NE1/4 SE1/4 less Lot 1 and the unplatted portion of the SE1/4 SE1/4, and Tract B of Tract 1 of the W1/2 SW1/4 less the IGT Subdivision and less right-of-way all located in the SE1/4 of Section 22 and the SW1/4 of Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2000 Golden Eagle Drive.

Staff recommends that the request to vacate the section line highway be approved.

 

27.

No. 09VR004 - Sections 22 and 27, T1N, R7E

A request by Olsen Development Company, Inc. to consider an application for a Vacation of Section Line Highway on the south 495 feet of the NE1/4 SE1/4 less Lot 1 and the unplatted portion of the SE1/4 SE1/4, of Section 22 and the E1/2 N1/2 NE1/4 of Section 27, all located in the SE1/4 of Section 22 and the NE1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2000 Golden Eagle Drive.

Staff recommends that the request to vacate the section line highway be approved with stipulations.

 

28.

No. 09VR005 - Country Club Heights

A request by Fisk Land Surveying & Consulting Engineers for Tom Rau and Dana Vogt to consider an application for a Vacation of Right-of-way on Lot 16 of Block 2 and Lot 18 of Block 1 of Country Club Heights, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2809 and 2812 Frontier Drive.

Staff recommends that the Vacation of Right-of-way be approved with one stipulation.

 

---END OF CONSENT CALENDAR---

 

---BEGINNING OF REGULAR AGENDA ITEMS---

 

 

29.

No. 08SR076 - Sections 16 and 21, T1N, R8E

A request by Dream Design International, Inc. to consider an application for a SDCL 11-6-19 Review to allow the acquisition of right-of-way and construction of Minnesota Street on right-of-way located in the NW1/4 of the SW1/4 and in the S1/2 of the S1/2, Section 16, T1N, R8E, also in the NE1/4 of the NW1/4 and in the N1/2 of the NE1/4 of Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Elk Vale Road and south of the Existing Plum Creek Development.

Staff will recommend that the SDCL 11-6-19 Review to allow the construction of Phase Two and Three of Minnesota Street be approved if all red line comments are addressed as needed prior to Planning Commission approval.

 

*30.

No. 09PD009 - Rushmore Mall Addition

A request by Tom Danson for Running Supply, Inc. to consider an application for a Planned Commercial Development - Initial and Final Development Plan Lot 18 of Rushmore Mall Addition in the NE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota and in a portion of Lot M-2 of Marshall Heights Tract in the NW1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2200 North Maple Avenue.

Staff recommends that the Planned Commercial Development - Initial and Final Development Plan be continued to the July 23, 2009 Planning Commission meeting.

 

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council.  All appeals must be submitted in writing to the Growth Management Department by close of business on the seventh full calendar day following action by the Planning Commission.

 

*31.

No. 09PD016 - Vista Lake Subdivision

A request by Site Dynamics, Inc. for SWS, LLC to consider an application for a A Major Amendment to a Planned Residential Development to allow additional cellular facilities in the Office Commercial zoning district on Lot 1, Vista Lake Subdivision #2, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4616 Jackson Boulevard.

Staff recommends that the Major Amendment to a Planned Residential Development to allow additional cellular facilities in the Office Commercial zoning district be approved with stipulations.

 

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council.  All appeals must be submitted in writing to the Growth Management Department by close of business on the seventh full calendar day following action by the Planning Commission.

 

32.

No. 09PL025 - Red Cliff Terrace Subdivision

A request by Fisk Land Surveying & Consulting Engineers for Sandra Fredrickson to consider an application for a Layout and Preliminary Plat for propsed Lots 1 and 2 of Lot G of Tract C of the South Part of Lot 7 of Red Cliff Terrace Subdivision, legally described as Lot G of Tract C of the South Part of Lot 7 of Red Cliff Terrace Subdivision, located in the SW1/4 NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4330 Jackson Boulevard.

Staff recommends that the Layout and Preliminary Plat be approved with stipulations.

 

33.

No. 09SV013 - Red Cliff Terrace Subdivision

A request by Fisk Land Surveying & Consulting Engineers for Sandra Fredrickson to consider an application for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way, to reduce the pavement width and to waive the requirement to provide sidewalk, curb, gutter, street light conduit, water and sewer along Red Cliff Terrace, to allow a five foot wide Utility and Minor Drainage Easement along the westerly line of proposed Lot 1 in lieu of an eight foot wide easement and to waive the requirement to provide a ten foot wide planting screen easement along Jackson Boulevard for proposed Lots 1 and 2 of Lot G of Tract C of the South Part of Lot 7 of Red Cliff Terrace Subdivision, legally described as Lot G of Tract C of the South Part of Lot 7 of Red Cliff Terrace Subdivision, located in the SW1/4 NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4330 Jackson Boulevard.

Staff recommends that the Variance to the Subdivision Regulations to waive the requirement: to dedicate additional right-of-way along Red Cliff Terrace be denied without prejudice; That the Variance to the Subdivision Regulations to reduce the Utility and Minor Drainage Easement from 8 feet to 5 feet along the westerly lot line of proposed Lot 1 be denied without prejudice; That the Variance to the Subdivision Regulations to waive the requirement to provide a ten foot wide planting screen easement along Jackson Boulevard be denied without prejudice; That the Variance to the Subdivision Regulations to waive the requirement to install sidewalk, curb, gutter, street light conduit, water and sewer along Red Cliff Terrace be approved with stipulations; That the Variance to the Subdivision Regulations to reduce the pavement width from 20 feet to 15 feet be denied.

 

34.

No. 09SC004 - Original Town of Rapid City

A request by Orris Enterprises, Inc. to consider an application for a Sidewalk Café Permit on the 7th Street Right-of-way located adjacent to Lots 17 and 18 and the north 55 feet of Lots 19, 20 and 21 of Block 84 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 520 7th Street.

Staff recommends that the Planning Commission approve the Sidewalk Café Permit request with stipulations.

 

*35.

No. 09UR015 - Original Town of Rapid City

A request by Barbara Klinkel for Late Harvest, Inc. to consider an application for a Conditional Use Permit to allow an on-sale liquor establishment on a parcel of land located in the South 90’ of Lots 17, 18 and 19 in Block 85 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota and the adjoining vacated Sixth Street and St. Joseph Street rights-of-way (Misc. Book 28, Page 3576 and Misc. Book 29, Page 8191), said parcel more commonly known as 530 Sixth Street and currently occupied by “Tally’s Restaurant” and the exterior perimeter of the ground floor which is shown on the attached exhibit and more fully described as follows: Beginning at the intersection of the vacated portions of Sixth Street and St. Joseph Street rights-of-way as they adjoin Lot 17 in Block 85 of the Original Town of Rapid City, thence, northeasterly along the easterly edge of Sixth Street right-of-way and along the westerly edge of the existing building, a distance of 37.9 feet more or less to the northerly wall of said Tally’s Restaurant; thence, southeasterly at a right angle and along said northerly wall, a distance of 75 feet more or less; thence, southwesterly at a right angle and along the easterly wall of said Tally’s Restaurant, a distance of 3.9 feet more or less; thence, northwesterly at a right angle and along an exterior wall of said Tally’s Restaurant, a distance of 5.4 feet more or less; thence, southwesterly at a right angle and along the easterly wall of said Tally’s Restaurant, a distance of 6.5 feet more or less; thence, northwesterly at a right angle and along an exterior wall of said Tally’s Restaurant, a distance of 7 feet more or less; thence, southwesterly at a right angle and along the easterly wall of said Tally’s Restaurant, a distance of 23.7 feet more or less; thence, northwesterly at a right angle and along an exterior wall of said Tally’s Restaurant, a distance of 3.8 feet more or less; thence, southwesterly at a right angle and along the easterly wall of said Tally’s Restaurant, a distance of 3.8 feet more or less to a point on the northerly line of the vacated portion of St. Joseph Street right-of-way as it adjoins Lot 19 in Block 85 of the Original Townsite of Rapid City; thence, northwesterly and along the northerly line of said vacated portion of St. Joseph Street right-of-way a distance of 58.8 feet more or less to the point of beginning, and A parcel of land located in the South 90’ of Lots 17, 18 and 19 in Block 85 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota and the adjoining vacated Sixth Street and St. Joseph Street rights-of-way (Misc. Book 28, Page 3576 and Misc. Book 29, Page 8191), said parcel more commonly known as 530 Sixth Street and currently occupied by “Tally’s Restaurant”, the exterior perimeter of a portion of the basement floor which is shown on the attached exhibit and more fully described as follows: Beginning at the intersection of the vacated portions of Sixth Street and St. Joseph Street rights-of-way as they adjoin Lot 17 in Block 85 of the Original Town of Rapid City, thence, northeasterly along the easterly edge of Sixth Street right-of-way and along the westerly edge of the perimeter basement wall, a distance of 20.9 feet more or less to an interior basement wall; thence, southeasterly at a right angle and along an interior basement wall, a distance of 48.2 feet more or less; thence, southwesterly at a right angle and along an interior basement wall, a distance of 2.5 feet more or less; thence, southeasterly at a right angle and along an interior basement wall and stairway, a distance of 26.7 feet more or less; thence, southwesterly at a right angle and along the interior basement wall, a distance of 18.4 feet more or less; thence, northwesterly at a right angle and along portions of the exterior basement wall, a distance of 74.9 feet more or less to the point of beginning, more generally described as being located at 522 Sixth Street.

Staff recommends that the Conditional Use Permit to allow an on-sale liquor establishment be approved with stipulations.

 

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council.  All appeals must be submitted in writing to the Growth Management Department by close of business on the seventh full calendar day following action by the Planning Commission.

 

36.

No. 09SC006 - Original Town of Rapid City

A request by Barbara Klinkel for Late Harvest, Inc. to consider an application for a Sidewalk Café Permit on the Sixth Street and Saint Joseph Street rights-of-way adjacent to a parcel of land located in the South 90’ of Lots 17, 18 and 19 in Block 85 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota and the adjoining vacated Sixth Street and St. Joseph Street rights-of-way (Misc. Book 28, Page 3576 and Misc. Book 29, Page 8191), said parcel more commonly known as 530 Sixth Street and currently occupied by “Tally’s Restaurant” and the exterior perimeter of the ground floor which is shown on the attached exhibit and more fully described as follows: Beginning at the intersection of the vacated portions of Sixth Street and St. Joseph Street rights-of-way as they adjoin Lot 17 in Block 85 of the Original Town of Rapid City, thence, northeasterly along the easterly edge of Sixth Street right-of-way and along the westerly edge of the existing building, a distance of 37.9 feet more or less to the northerly wall of said Tally’s Restaurant; thence, southeasterly at a right angle and along said northerly wall, a distance of 75 feet more or less; thence, southwesterly at a right angle and along the easterly wall of said Tally’s Restaurant, a distance of 3.9 feet more or less; thence, northwesterly at a right angle and along an exterior wall of said Tally’s Restaurant, a distance of 5.4 feet more or less; thence, southwesterly at a right angle and along the easterly wall of said Tally’s Restaurant, a distance of 6.5 feet more or less; thence, northwesterly at a right angle and along an exterior wall of said Tally’s Restaurant, a distance of 7 feet more or less; thence, southwesterly at a right angle and along the easterly wall of said Tally’s Restaurant, a distance of 23.7 feet more or less; thence, northwesterly at a right angle and along an exterior wall of said Tally’s Restaurant, a distance of 3.8 feet more or less; thence, southwesterly at a right angle and along the easterly wall of said Tally’s Restaurant, a distance of 3.8 feet more or less to a point on the northerly line of the vacated portion of St. Joseph Street right-of-way as it adjoins Lot 19 in Block 85 of the Original Townsite of Rapid City; thence, northwesterly and along the northerly line of said vacated portion of St. Joseph Street right-of-way a distance of 58.8 feet more or less to the point of beginning,, more generally described as being located at 522 Sixth Street.

Staff recommends that the Planning Commission approve the Sidewalk Café Permit request with stipulations.

 

37.

No. 09SR024 - Section 9, T1N, R8E

A request by Koozie Johnson for West River Electric Association, Inc. to consider an application for a SDCL 11-6-19 Review to allow the construction of a public utility line and to authorize the granting of a utility easement on the N1/2 SE1/4 NW1/4 Less Lot H1, S1/2 SE1/4 NW1/4; NE1/4 SW1/4; W1/2 SE1/4, excepting therefrom Tract A of the E1/2 SW1/4 and the W1/2 SE1/4, and the Department of Transportation Railroad Right-of-way lying in Section 9, T1N, R8E, BHM, Pennington County, South Dakota, Department of Transportation Railroad, all in Section 10, T1N, R8E, BHM, Pennington County, South Dakota, and Department of Transportation Railroad, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located south of the intersection of the Southeast Connector and S.D. Highway 44, at the eastern terminus of Garden Lane and west of Pioneer Drive.

Staff will recommend that the SDCL 11-6-19 Review to allow the construction of a public utility line and to authorize the granting of a utility easement be approved if the applicant submits for review and approval two easement exhibits, one for each legal description, prior to the June 25, 2009 Planning Commission meeting.

 

38.

No. 09SR040 - Rapid City Greenway Tract

A request by City of Rapid City to consider an application for a SDCL 11-6-19 to authorize the relocation of a right-of-way, to relocate a street, to create a stormwater facility and to extend a public utility on a portion of Tracts 5, 6 and 7 Rapid City Greenway Tracts and adjacent Hartland Court right-of-way, located in Sections 3, 4, 9 and 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of Jackson Boulevard and west of 32nd Street.

Staff will recommend that the SDCL 11-6-19 to authorize the relocation of a right-of-way, to relocate a street, to create a stormwater facility and to extend a public utility be approved if additional information is submitted prior to Planning Commission approval of this item.

 

*39.

No. 09UR014 - Riverside Addition

A request by Khoury's Mediterranean Cuisine to consider an application for a Major Amendment to a Conditional Use Permit to allow an on-sale liquor establishment on a portion of the W1/2 of Lot 4 and Lots 5 thru 13 of Block 3 of Riverside Addition, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1109 Omaha Street.

Staff recommends that the Major Amendment to a Conditional Use Permit to allow an on-sale liquor establishment be approved with stipulations.

 

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council.  All appeals must be submitted in writing to the Growth Management Department by close of business on the seventh full calendar day following action by the Planning Commission.

 

*40.

No. 09UR016 - Original Town of Rapid City

A request by Frank Morrison for Frankies, LLC., d/b/a Thirsty's to consider an application for a Major Amendment to a Conditional Use Permit to expand an on-sale liquor establishment on Lots 10, 11 and 12 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 819 Main Street.

Staff recommends that the Major Amendment to a Conditional Use Permit to expand an on-sale liquor establishment be approved with stipulations.

 

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council.  All appeals must be submitted in writing to the Growth Management Department by close of business on the seventh full calendar day following action by the Planning Commission.

 

41.

No. 09SC005 - Original Town of Rapid City

A request by Frank Morrison for Frankies, LLC., d/b/a Thirsty's to consider an application for a Sidewalk Café Permit on the Main Street Right-of-way adjacent to Lots 10, 11 and 12 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 819 Main Street.

Staff recommends that the Planning Commission approve the Sidewalk Café Permit request with stipulations.

 

*42.

No. 09UR013 - Robbinsdale Addition No. 10

A request by B. L. and Darlene Buchanan to consider an application for a Conditional Use Permit to allow an oversized garage in the Low Density Residential zoning district on Lot 11 of Block 3 of Robbinsdale Addition No. 10, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 235 E. Nebraska Street.

Staff recommends that the Conditional Use Permit to allow an oversized garage in the Low Density Residential zoning district be continued to the July 9, 2009 Planning Commission meeting.

 

 

The Rapid City Planning Commission's action on this item is final unless any party appeals that decision to the Rapid City Council.  All appeals must be submitted in writing to the Growth Management Department by close of business on the seventh full calendar day following action by the Planning Commission.

 

43.

Discussion Items

 

 

 

 

A.

A request from the Historic Preservation Commission request to adopt the Comprehensive Preservation Plan as an element of the City of Rapid City’s Comprehensive Plan.

 

 

B.

Requirements for Property Owner Signatures on Development Applications.

 

 

C.

Request Authorization for Ordinance Amendment to Allow Wind Energy Conversion Systems and Microcell Wireless Antennas on Poles as a Conditional Use in the Heavy Industrial Zoning District.

 

 

D.

Subcommittee Report on Procedures for Special Exceptions to the Flood Development Standards.

 

 

E.

Update on the Status of the Flood Plain Policy Subcommittee Recommendations.

 

 

F.

Request Authorization for Ordinance Amendment to allow sales of medical supplies and equipment rental in the Office Commercial District.

 

44.

Staff Items

 

 

 

45.

Planning Commission Items

 

A.

Election of Officers.

 

46.

Committee Reports

 

A.

City Council Report (June 1, 2009)

The City Council concurred with the recommendations of the Planning Commission with the exception of the following items: 

 

No. 09RZ020 - Hillsview Subdivision - A request by City of Rapid City to consider an application for a Rezoning from No Use District to General Commercial District of Lots 4 and 5 of Hillsview Subdivision and the 75 foot wide S.D. Highway 44 right-of-way lying adjacent to and south of Lot 5 of the Hillsview Subdivision, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Valley Drive and north of S.D. Highway 44.

 

On April 23, 2009 the Planning Commission recommended that the Rezoning from No Use District to General Commercial District be approved. On June 1, 2009 the Rapid City Council denied the Rezoning from No Use District to General Commercial District.

 

No. 09RZ021 - Hillsview Subdivision

A request by City of Rapid City to consider an application for a Rezoning from No Use District to General Commercial District of Lot 15 Revised less the north 350 feet and Lot 17 all of Hillsview Subdivision and the north 75 feet of the S.D. Highway 44 right-of-way lying adjacent and south of Lot 17 and Lot 15 Revised of Hillsview Subdivision all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Valley Drive and north of S.D. Highway 44.

 

On April 23, 2009, the Planning Commission recommended that the Rezoning from No Use District to General Commercial District be approved.  On June 1, 2009, the Rapid City Council approved the Rezoning from No Use District to General Commercial District for Lot 17 only and denied the remaining lots.

   

 

B.

Sign Code Board of Appeals

 

C.

Zoning Board of Adjustment

 

D.

Parks and Recreation Subcommittee

 

E.

Capital Improvements Subcommittee

 

F.

Americans With Disabilities Act Compliance Committee

 

G.

Drinking Water Protection Committee

 

H.

Tax Increment Financing Committee

 

I.

Off-Premise Sign Permit Committee

 

J.

Infrastructure Development Partnership Fund Committee

 

K.

Floodplain Boundary Policy Committee

 

L.

Landscape Code Committee

 

M.

Smart Growth Committee

 

N.

Others

 

ADA Compliance:  The City of Rapid City fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the Rapid City Growth Management Department so that appropriate auxiliary aids and services are available.